Frame grab from stationhouse video footage of Albany police officer Brian Lutz, center, after his arrest in Menands. Albany police officer, Charles Batchelor is at left, and former Albany police union president Christian Mesley is at right. (Times Union archive) less

Frame grab from stationhouse video footage of Albany police officer Brian Lutz, center, after his arrest in Menands. Albany police officer, Charles Batchelor is at left, and former Albany police union president ... more

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Brian Lutz (Skip Dickstein / Times Union archive)

Brian Lutz (Skip Dickstein / Times Union archive)

Photo: SKIP DICKSTEIN

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Officer was drunk, report alleges

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Colonie

For more than 20 years, Thomas Johnson knew Brian Lutz as a fellow police officer in the Capital Region's close-knit law enforcement community.

But when Johnson encountered him on the morning of Dec. 11, 2010, while on routine patrol for Menands police, Lutz was slumped over in an SUV parked in a lane of Interstate 787. He was unconscious and appeared to be in a drunken stupor, Johnson testified on Tuesday.

Lutz, an Albany police officer, is on trial in Menands Village Court, charged with driving while intoxicated that morning while he was off duty. Lutz's attorney, David Brickman, says Lutz took pain medication and had a seizure, but was not drunk.

Johnson, who retired from the Menands village force in January, was the first witness called by Assistant District Attorney Mary Tanner-Richter.

Johnson testified that he saw a puddle of vomit outside Johnson's SUV, and that a door was open and interior lights were on. Johnson said he nudged Lutz to wake him up.

Johnson said he had to forcefully instruct Lutz to pull his vehicle off the highway.

Johnson testified that Lutz then drove away, nearly sideswiping the guardrail. He said he pursued Lutz onto Route 378 and into the parking lot of a Price Chopper supermarket.

"I would say at that time he appeared to be intoxicated," Johnson testified. He said Lutz told him he "had a few drinks" and the last one was about "an hour ago."

Johnson said he told a supervisor, Sgt. Gene Connors, that Lutz was an Albany police officer. He said the sergeant responded: "If he's intoxicated, we have to arrest him."

Johnson said Lutz repeatedly pleaded with him, asking him what he had done to deserve the arrest. He said it escalated at police headquarters, where Lutz was videotaped. The footage was shown Tuesday.

As Johnson typed, Lutz said: "Apparently, you don't know where I work or the effect, and you don't care."

Village Justice Lisa Anne Proskin has previously ruled field sobriety tests given to Lutz are unreliable and cannot be used as evidence at the trial. Johnson did testify that Lutz failed an alcohol breath test.